Q: My Siblings and I inherited a small farm from our parents and in 2000 was the last contact I had with my brother
i don’t know if he is alive or dead and to my thinking he does not care or want anything to do with his part ,the farm is undivided since he cannot be located can his part be transfered to me and his sister
A: There are ways to ask the court to partition the property. For example, an absent heir can be represented by an attorney appointed by the court to try to contact that person.
A: One, you can request a partition and the absent heir can be represented by a court appointed attorney. But, partition can be done by a division of the land or sale. Also, there La CC Art 54 permits an interested person to petition the court and have an absent person, after 5 years of being absent, declared dead. Again, you will need evidence of last known address, no contact, and other evidence, but you should contact counsel well versed in probate and local to you to obtain a more precise recommendation for your circumstances.
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